Citation Nr: 0720354
Decision Date: 07/06/07 Archive Date: 07/18/07
DOCKET NO. 06-14 552 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Cheyenne,
Wyoming
THE ISSUES
1. Entitlement to service connection for a low back
disorder.
2. Entitlement to service connection for a prostate
disorder.
REPRESENTATION
Appellant represented by: Disabled American Veterans
ATTORNEY FOR THE BOARD
Motrya Mac, Associate Counsel
INTRODUCTION
The veteran had active duty service from May 1960 to May
1963.
This case is before the Board of Veterans' Appeals (Board) on
appeal from a December 2004 rating decision by a Regional
Office (RO) of the Department of Veterans Affairs (VA).
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC), in Washington, DC. VA will notify the
appellant if further action is required.
REMAND
In June 2007 the veteran requested a Board hearing at the RO.
Thus such a hearing needs to be scheduled.
Accordingly, the case is REMANDED for the following action:
The RO should contact the veteran
and clarify whether he is requesting
a videoconference Board hearing or
Travel Board hearing. If any such
hearing is requested, the RO should
take appropriate action to schedule
the appellant for the hearing.
After the Board hearing is
conducted, or in the event the
appellant cancels the hearing or
fails to report for the hearing, the
case should be returned to the Board
for appellate review.
The appellant and his representative have the right to submit
additional evidence and argument on the matter or matters the
Board has remanded. Kutscherousky v. West, 12 Vet. App. 369
(1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2006).
_________________________________________________
V. L. Jordan
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2006).